General Provisions

(1) The establishment of a comprehensive service plan for an elder shall not establish an entitlement to services for any eligible person for services beyond that established by law or beyond the amounts appropriated for the services. (2) Insofar as a waiver of a specific portion of 651 CMR 14.00 or 3.00 would not contradict any applicable state or federallawor regulations, a waiver may be granted by the Secretary. All requests for waivers must be made in writing to the Secretary by the President of the Board of Directors of the ASAP. The waiver request must clearly identify the applicable regulation; which conditions have made such a waiver necessary; what steps have been taken to resolve current issues andinsure future waivers will not be necessary; the consequences to the Clients of the ASAP of not granting the waiver request; and the consequences to the ASAP of not granting the waiver request. (3) All ASAPs and their contractors are subject to audits by Elder Affairs or its authorized agents, the Secretary of the Executive Office of Health and Human Services or his/her authorized agents, or the Commonwealth of Massachusetts or its authorized agents. Furthermore, the Governor or his/her designee, the Secretary of Administration and Finance or his/her designee, and the State Auditor or his/her designee shall have the right at reasonable times and upon reasonable notice to examine the books, Client records, and other compilations of data of the ASAPs which pertain to the performance of ASAP requirements. An audit may include but need not be limited to a review of an ASAP’s: financial statements, accountingrecords, procedures, and management practices; compliance with and efficiency in carrying out the terms of the ASAP contract.